Chris, what do you use for plates, and where do you drive? Will it all withstand a discussion with a policeman? I thought an un-transferred title usually was not a very good thing because it is less positively yours.
Hi Martin, Yes the whole title, registration and plates thing is quite the story. Before I answer your questions please let me explain a bit.
As with many things, understanding the history is a grand help. In a nutshell, when vehicles became commonplace, roadways were improved and many of those improvements were made by members of the local communities who needed to use said roadways. As commerce increased and more trucks, taxis and coaches were on the roadways, these vehicles caused more wear to the roadways. That is when Commercial Licensing started and the "driver" was born soon after the turn of the century. This generated monies needed to maintain roadways. A driver was legally defined in 1914 as:
"
One employed in conducting or operating a coach, carriage, wagon, or other vehicle who is compensated...." (Black's Law Dictionary 3rd Edition)
That definition held until 1951 when the following was added to the definition:
"The activity licensed by a State DMV and in conjunction with which individuals must submit personal information to the DMV - the operation of motor vehicles - is itself
integrally related to interstate commerce." (Black's Law Dictionary 4th Edition)
Obviously as time marched on, there were more cars on the road and trucks got even larger. Eventually the various States determined that everyone was an "operator" and started to license everybody who used roadways, generating monies for the States.
Well that sure changed things! A license is defined as permission to that which is illegal. Therefore having a license is primary evidence that you intended to violate the law! Does an Amish buggy need plates? No. Can they use roadways? Yes. Can a farmer move his tractor from one field to another down the roadway without plates? Yes they can. That brings us to a Supreme Court decision:
"The
right of a citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile,
is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness. Under this constitutional guaranty one may,
therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's rights, he will be protected, not only in his person, but in his safe conduct." (Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135)
Now that we see the background here, I can answer your questions.
1. For plates, I use "expired" former State issued plates that match the year of the vehicle. For instance, my 61 CJ5 has an Ohio 1961 plate on it, my 67 Commando has a 1967 Ohio plate and so on.
2. I do not "drive" anymore. I am not for hire as a "driver" nor an "operator". I am merely a man exercising his right to freely travel responsibly.
3. I have only had one encounter with a policeman within the 8 years I have been a traveler. When I encountered him, I did not answer any of his questions because answering his question legally constitutes an "oral contract" in the State of Ohio. So, instead I question the officer politely. Examples: Are you making an assumption that you have encountered an operator for hire? Do you have any evidence I am driving for hire on this roadway? They will try to trick you into answering one of his questions, but you need to remain calm and continue the polite questioning of the officer. If you get nervous or can't think of another question to ask the old fall back question is: "Am I free to go?" Eventually the officer realized I had done no wrong and I was not going to stop asking questions and he sent me on my way.
4. Possession is still 9/10ths of the law. So possession of the vehicle and having notarized State paperwork validates the fact it is indeed most positively yours and not State property you have permission to use.
Hope that answers you questions Martin. I appreciate your questions and I am not intending to get off-topic of Willys discussion here, but this matter
does relate to our enjoyment and use of our beloved Willys vehicles.